Attorneys Handling Child Molestation By Music Teacher Cases Nationwide
Has your child been the victim of child sexual abuse by a music teacher? Has your child suddenly not wanted to play music anymore or do they not want to go to rehearsals? Have you noticed a drop in your child’s grades? How about their eating and sleeping habits? Does your child have a knowledge of sex and or sexual acts that exceed their age range? If you answered yes to any of these questions your child may be the victim of child sexual abuse or child molestation by their music, piano, guitar or drum teacher. You need the help of a skilled and experienced child sex abuse attorney handling child sexual abuse by a music teacher lawyers. They handle child accident, injury and abuse cases in all 50 states, Washington D.C. & Puerto Rico.
Please contact our Chicago Illinois child sexual abuse injury lawyers immediately for a free consultation. They handle child sexual abuse by a music teacher lawsuits and child molestation by a music teacher claims on a contingency fee basis meaning they charge no fees unless they recover for you and your child.
Our San Diego California child sexual assault injury attorneys serve the entire country including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Washington D.C., Wisconsin and Wyoming.
School District Liability in Child Sex Abuse Cases
Every parent wants to feel reassured that his/her child is safe at school. Unfortunately, students with special needs and of young age are sexually assaulted by teachers or school staff. Fortunately, remedies are available to students who have been sexually assaulted by a teacher. If your child has been sexually abused or harassed at school, contact our child sexual abuse by a music teacher lawyers to learn more about the possible damages he/she may obtain. School districts can be held liable for damages when a student sexually assaults another student, or a teach/faculty member sexually assaults or abuses a student. Read on to learn more about the legal guidelines regarding sexual assault and the penalties school districts may face.
Federal Laws Regarding School District Liability in Child Sex Abuse Cases
Federal and state laws require school districts and personnel to carefully supervise students who are on school premises. School districts that fail to provide such supervision may face potential liability. In addition, some states require school districts to provide an even higher standard of care in the supervision of students with disabilities who are vulnerable to abuse and harassment. It is highly foreseeable that a lack of supervision could lead to harm.
Title IX of the Education Amendments of 1972 provides that no person in the U.S. shall, on the basis of sex, be excluded from participation in, or be denied the benefits of, or by subjected to discrimination under any educational program or activity receiving federal financial assistance. 20 U.S.C. § 1681(a). The U.S. Supreme Court has held that Title IX allows students to obtain money damages against a school district if the district has knowledge of, but is deliberately indifferent to, a teacher’s misconduct. See Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998).
In Gebser, the high school student had a secret sexual affair with a teacher. Id. The school had no formal procedure in place for reporting sexual harassment or formal anti-harassment as required by federal law. The student and teacher were subsequently discovered having sexual intercourse. The teacher was immediately fired following the incident. The student later filed a lawsuit against the school district claiming she was harassed in violation of Title IX of the Education Amendments of 1972. The student sought damages against the school district stating that no person should be subjected to discrimination under and federally funded education program or activity. The District Court ruled in favor of the school district. The Supreme Court granted the plaintiff certiorari.
The issue at trial was whether a federally funded school district pursuant to Title IX of the Education Amendments of 1972 be subject to paying sexual harassment damages to a student who was involved in a secret relationship with a faculty member. The Court ruled in favor of the school district citing that because the district never knew about the student’s sexual relations with the teacher, the district was not liable for sexual harassment damages.
Therefore, in determining liability for a school district, the court will examine whether a school district official, with the ability to take corrective action, knew of the harassing conduct, and despite having such knowledge, deliberately failed to respond in a proper manner.
Students can also bring claims for sexual abuse and harassment against a school district under 42 U.S.C. § 1983 in violation of the student’s Fourteenth Amendment rights. The Ninth Circuit Court of Appeals has held that students have a substantive due process right to bodily integrity including the right to be free from sexual abuse by school personnel.
School districts can also be liable for peer-to-peer sexual abuse matters. School districts who fail to intervene to protect a student from peer-to-peer sexual harassment or abuse can face serious damages. To be held liable, the moving party would have to prove that the school had actual knowledge of the harassment or abuse, and that the harassment or abuse was so severe and offensive that it deprived the student to access to educational opportunities provided by the school. Sufficient evidence must be presented to demonstrate the school district acted in a negligent manner.
Students with disabilities can also file a lawsuit against a school district under the Americans with Disabilities Act (ADA). This act prohibits discrimination on the basis of disability. Any school district that subjects a disabled student to a hostile educational environment may be liable for damages under Section 504 of the Rehabilitation Act. 29 U.S.C. § 794 et. seq.
The school district may also be found liable for teachers and staff failing to report incidents of sexual abuse. Teachers are designated as mandatory reporters. As such, any suspicions of child abuse or neglect must be reported to law enforcement or county welfare department. School districts which fail to report instances of child abuse or neglect may face serious consequences. Certain school districts throughout the U.S. have been ordered to pay millions of dollars to students who have prevailed on sexual abuse claims. Contact our New York, New York child sexual abuse by a music teacher lawyers today to find out the potential damages your child may receive for his/her child sex abuse case.
Parents should act promptly if they believe their child is the victim of sexual assault or abuse. Damages your child may be able to obtain include pain and suffering, medical expenses, and emotional duress. The court may even award punitive damages to deter the school district from committing future acts giving rise to sexual assault or harassment. School districts should have and maintain strict policies and procedures regarding reporting sexual assault and abuse.
If your child or loved one has been a victim of sexual abuse, harassment or assault, contact our Wilmington Delaware child sexual abuse by a teacher lawyers for a consultation. Depending on the nature of the case, we may be able to obtain a judgment in your child’s favor. Unfortunately, not all school districts enact policies and procedures to make sure students are safe while attending. Fortunately, laws have been passed to protect our most vulnerable population. Contact our Newark New Jersey child sexual abuse by a teacher lawyers today for a free consultation about school district liability in child sex abuse cases.
Benefits In Child Sexual Abuse By A Music Teacher Claims
Each state varies but for the most part possible benefits your child may be entitled to are:
Pain and suffering compensation
Separate benefits based on your states sexual assault victims fund
Speaking with our Los Angeles California child sexual abuse by a music teacher lawyers is your best bet. Your free consult will be kept in confidence and they will devise strategy to obtain any and all benefits and forms of compensation your child is entitled to.
Liability In Child Sexual Abuse By A Teacher Cases
As with any injury case there can be one or more parties liable for your child’s injuries. With that, there may be multiple lawsuits filed depending on where your child was molested, who else may have known about it and what preventive measures were taken by the organization or school district. In order to determine who is liable for the pain, suffering, physical harm and emotional damage your child has endured you need to speak with our Pittsburgh Pennsylvania child sexual abuse by a music teacher lawyers, piano teacher, guitar teacher or drum teacher cases.
Contact Our PA Lawyers Taking Child Sexual Abuse By A Teacher Cases
Your child has already been through enough. Do not wait another minute to contact our nationwide team of child sexual abuse by a music teacher lawyers. They offer free consults and charge no fees unless they recover for your child.
Serving all 50 states, Puerto Rico & Washington D.C. including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Washington D.C., Wisconsin and Wyoming.